Commonwealth Consolidated Regulations

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Mixed benefits

             (1)  A benefit that is given in one or more of the circumstances set out in the prescribed provisions is not conflicted remuneration even if:

                     (a)  the benefit also relates to other activities, but only to the extent that the part of the benefit that relates to the other activities is not conflicted remuneration; or

                     (b)  the provider, at the same time, provides other services (whether or not financial services).

             (2)  However, subregulation (1) does not apply to the extent that the prescribed provisions under which the benefit is given provide that:

                     (a)  the benefit may only relate to particular financial products or services; or

                     (b)  the provider must not receive the benefit if the provider is, at the same time, providing other specified financial services.

             (3)  In this regulation:

prescribed provision means:

                     (a)  paragraph 963B(1)(a), (b), (c) or (d) of the Act, or a regulation made under paragraph 963B(1)(e) of the Act; or

                     (b)  paragraph 963C(a), (b), (c), (d) or (e) of the Act, or a regulation made under paragraph 963C(f) of the Act.

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